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2015 Supreme(Del) 445

RAJIV SHAKDHER
Awas 39423 Ireland Ltd. – Appellant
Versus
Directorate General of Civil Aviation – Respondent


Advocates Appeared:
For the Petitioners:Kevic Setalvad, Sr. Adv. with Sneha Rao, Amit A. Pai, Ramji Srinivasan, Sr. Adv. with Ravi Nath, Ajay Kumar, Rohan Ghosh, Neha Singh, Karan Lahiri, Rajeev Kumar, Radhika Mathur, Sara Sundaram, Rishabh Kapur, Advocates.
For the Respondents:R1, Sanjay Jain, ASG with Anjana Gosain, Pradeep Desodya, Arnab Naskar, Saroj Bidawat, Vidur Mohan, S. Dutta, Director (Airworthiness), M. Debula, Asstt. Director, R2, Sandeep Sethi, Sr. Adv. with Atul Sharma, Anand Srivastava, Milanka Choudhury, Kshitiz Khera, Advocates.

Judgment :-

WP(C) 871/2015

WP(C) 747/2015 & CM Nos. 2894/2015 & 2895/2015

1. The captioned petitions pertain to entities, which essentially seek de-registration of aircrafts (the details qua which I shall provide hereafter), upon termination of the lease agreements with respondent no.2. The other relief sought in both petitions are consequential in nature. Respondent no.2, in both petitions, is an airline, by the name of, Spicejet Limited. For the sake of convenience hereon, respondent no.2 will be referred to as Spicejet. Furthermore, hereon I will be making a reference to aircrafts as aircraft objects.

1.1 The other respondent in the two petitions is also common, which is respondent no.1. Respondent no.1 in both petitions is the Director General of Civil Aviation. Hereafter the Director General of Civil Aviation will be referred to as DGCA.

1.2 In order to adjudicate upon the petitions before me, the following facts are required to be noticed, which I would be setting out case-wise. The discussion though, concerning both facts and the law, would be common, as arguments have been adva


































































































































































































































































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